The Supreme Court issued a 6-3 decision in favor of Trump’s bid to claim immunity for “official acts” in a case stemming from Smith’s four-count indictment against the former president related to his conduct around the time of the Jan. 6, 2021, riot at the Capitol. In an opinion concurring with Chief JusticeFILE – Associate Justice Clarence Thomas poses for a photo at the Supreme Court building in Washington, Oct. 7, 2022.
“Even if the Special Counsel has a valid office, questions remain as to whether the Attorney General filled that office in compliance with the Appointments Clause,” Thomas wrote. “For example, it must be determined whether the Special Counsel is a principal or inferior officer. If the former, his appointment is invalid because the Special Counsel was not nominated by the President and confirmed by the Senate, as principal officers must be.
“Suffice it to say that, today, the Supreme Court takes the Appointments Clause far more seriously than it did in 1974,” the amici added.
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